The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-10-29


other meaning given to due process of law"
as 1t is used in the Fourteenth Amendment
would make it simply ridiculous and
frivolous, because any State may enact
due process of lawN according to that
State by which a mans life may be taken,
and from which not single right, privilege
or immunity of citizenship can protect him.
Any law State may make after the pas
sage of this amendment for dealing with the
rights of citizens of the United States
becomes wholly imperative because the
Law of the landn must forever remain
liked as at that moment not to be changed
IN regard to its citizens without change of
the organic law, and for some purposes not
to ever be changed.
SPECIAL QUESTIONS
Gen. Butler proceeded Reconsideration of
the special and peculiar questions raised by
the cases of Fielder and Spies, who are
foreigners. He contended that treaties
were the supreme law of the land and that
these prisoners were entitled by virtue of
treaties with Germany and Great Britain to
all the rights and privileges of American
citizens at the time such treaties were made
The State had no power to try these men by
one of its own laws which was not the law
of the land at the time the treaties were
ratified.
LAWS MUST BE RESPECTED.
He did not mean, he SAID, that a foreigner
could come into a State and break its laws
with impnnity and that the State could not
touch him But he did mean that State
could only try him in accordance with
the law of the land-the whole land
at the time the treaty with his government
was made. This, he said was an important
question to every American citizen, because
in return for the concessions by. this govern
ment in the treaty with Great Britain, the
government of that country had made
similar concession to the United States.
Suppose that a citizen of the United States
should go to Ireland and should make some
remarks about the advantages of Republi-
can form of government, and should be
arrested and tried by the crimes act i'll
violation of the treaty. Would we not
stand up and say that this man must be
tried by a fair and impartial jury He
must be tried as an Englishman would have
been tried at the time the treaty was made,
and that he cannot be dealt with in more
summary way under a later law If this
should happen, Gen. Butler said, he hoped
the English authorities would not be able to
hold up to him the decision of the United
States Supreme Court sustaining the right
to try an Englishman by the local law of
State which was nothing but asswamp and
bowling wilderness at the time the treaty
was ratified. Returning to the rights of
States, Gen. Butler said that he was not
prepared to deny that a State might change
its organic law with the consent of all its
citizens but such change would not bind
the citizens of another State who had not
assented to them. After some desultory re-
marks about the record and the necessity of
having it before the court and another
reference to breaking open safes and desks,
Gen. Butler said "There is no doubt that
the prisoners were entitled to trial
by an impartial jury "a stupid
jury, if you please-becauss | don't
think man who reads the newspapers is
any more competent to try a caSe-rather
worse, if he pays any attention to their
lies" AS enunciated by Chief Justices of
the Supreme Court, an impartial juror, he
said, is one who islands in freedom of
mind, without bias or prejudice, and is in
different" The petitioners were not tried
by such jury, and are entitled to protec-
tion under the Federal constitution. "If,"
he said, "the court is to give me jurors as
prejudiced as some of those in this
case, / had better go to the land
of the Hottentots, for they would not allow
me to be stolen and taken back to Illinois,"
[Gen Buffers allusion is to the kidnapping
of Ker, referred to by the counsel on the
other side in defending their search and
seizure.
THE LAST JUROR.
the record would show that the defense
were more ready to take the last juror, Mr.
Stanford than the State was. Gen. But
Ter said they were compelled to accept the
last juror. Their peremptory challenges
were exhausted and they could do nothing
else. Under these circumstances they talked
to him, and coaxed him, and tried to get him
into a state of miCd as favorable to their
side as they could. That was what parts of
the record referred to by Mr.. Grinnell
would show, and nothing more. Gen. But
Ter then referred to Uhe assertion of the
counsel on the other side, that the petition
ers had waived some of their rights through
not insisting upon them by exception or
objection at the proper time and
from asserting those rights now in this
court. He contended, however, that when
a man was on trial for his life there was no
such thing as waiver or estOppel. In capi-
tai offense the prisoner cannot waive, will
ingly or unwillingly, anything that will
affect the issue. In support of this conten-
ton he cited the opinion of JUS
Webster. The prisoners, he main
tained, could not be barred out, because
they had not raised sufficient objections.
Gen Butler then returned again to the 'un-
reasonable searches and seizures complained
of by the petitioners, and said his associate,
Mr. Tucker, had characterized the proceed
ing as subpoena duces tecum, executed bya
locksmith. why" your honors," he ex-
claimed "they searched under burglary,
headed by the States Attorney, on his own
admission. No miserable policeman or half
witted constable, but the States Prosecuting
Attorney does the burglary, steals the papers
and says you can't help that. He puts it
with sort of triumph and yet we are told
that our immunities and privileges are not
invaded, and that the remedy is to sue for
trespass. What beautiful remedy Sue
the States Attorney, and be tried by such
laws as the laws Of Illinois would give.
Better be in place not to be named
why the writ should be granted Gen.
Butler urged that the prisoners had been
sentenced to death in their absence and
without being asked whether they had any
reason why sentence of death should not be
passed on them. The record, he said, did
not show that they were absent when SEN
fenced, but they could prove It, The record
showed that they were present. but they could
prove by half Chicago that there was a mis-
take. In conclusion, Gen. Butler said: MAY
l. in closing make one observationl Ii mems
lives can be taken in this way as you have
seen exhibited hcre to-day better anarchy,
better be without law than with any such
law" Gen. Butler then thanked the
court for its indulgence, and took his seat
The Chief Justice called Case No 30"
fthe next on the docket the clerk announced
{t,a of tho 111nffpn M